SRGMF LLC Terms of Use
Last updated: January 1st, 2025
Introduction
These Terms of Use (“Terms,” or “Terms of Use”) are entered into and agreed to by and between you and SRGMF LLC (“SRGMF,” “we,” “our,” or “us”). Please read these Terms of Use (“Terms,” “Terms of Use”) and our Privacy Policy carefully before using our website or other locations where this Privacy Policy is located or referenced (together, the “Site”) or our products and services (collectively, the “Services”).
These Terms, together with our Privacy Policy, set forth the terms and conditions that apply to your access and use of the Services. By accessing or using the Services you accept and agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the Terms or our Privacy Policy, then you do not have permission to access the Service. These Terms state that any disputes between you and SRGMF must be resolved in arbitration or small claims court.
Use Restrictions
To use the Services, you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; (iii) use the Services in compliance with any and all applicable laws and regulations; and (iv) be located in the United States. If you do not agree to, or cannot comply with, any of these conditions, please do not attempt to access or use the Services.
Intellectual Property
The Services and their original content, features, and functionality are and will remain the exclusive property of SRGMF, its licensors, or other providers of such material. You acknowledge and agree that we, our licensors, and other providers of such material provided through our Services, and you relinquish all ownership rights in any ideas or suggestions that you submit to SRGMF through the Services. The Services are protected by copyright, trademark, patent, trade secret, and other intellectual property or propriety rights laws of both the United States and foreign countries. The Services may contain our trademarks and service marks and the trademarks and service marks of third parties; these may not be used without the prior written consent of SRGMF. All trademarks and service marks on our Services belong to SRGMF, except third-party trademarks or service marks, which are the property of their respective owners.
Third-Party Links
Our Site may contain links to third-party websites, products, or services that are not owned or controlled by SRGMF. SRGMF has no control over, and assumes no responsibility for, these websites, products, and services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that SRGMF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, or services available on or through any such third-party websites, products, or services. We strongly encourage you to read the terms and conditions and privacy policies related to such third-party websites, products, or services.
Termination
We may terminate or suspend your access to all or part of the Services immediately, without prior notice or liability, under our sole discretion, for any or no reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Indemnification
You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless SRGMF and its licensee and licensors, employees, contractors, agents, affiliates, representatives, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of: (a) your use of and access to the Services, (b) any violation of these Terms or the Privacy Policy, (c) your violation of any and all applicable laws and regulations or any third party’s rights; and (d) any disputes between you and any third party.
Limitation of Liability
To the extent permitted by applicable law or jurisdiction, in no event shall SRGMF, nor its directors, employees, partners, agents, suppliers, affiliates, or representatives be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, damages for loss of profits, data, use, goodwill, or other intangible losses, which arise out of or are in any way connected with the Services, including: (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content, products, or services of any third party linked from the Services; and (iii) any content obtained from the Services.
Disclaimer
You acknowledge and agree that your use of the Service is at your own risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, neither SRGMF nor any person associated with SRGMF makes any warranty or representation other than those made expressly in these Terms. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Without limiting the foregoing, neither SRGMF nor any person associated with SRGMF represents or warrants that (a) the Services will function uninterrupted, or will be accurate, reliable, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Services are free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
Governing Law
These Terms and all matters relating to the Services shall be governed and construed in accordance with the laws of New York, United States of America, without regard to its conflict of law provisions. Subject to the Dispute Resolution section, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and SRGMF agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within the County of New York, State of New York, for the purpose of litigating all such disputes, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and SRGMF regarding our Services and supersede and replace any prior agreements we might have had regarding the Services.
Dispute Resolution
In the interest of resolving disputes between you and SRGMF in the most expedient and cost-effective manner, you and SRGMF agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration or litigation under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
Changes to the Terms
We reserve the right, at our sole discretion, to update or make other changes to these Terms at any time. If a revision is material, we will make reasonable efforts to notify you, including, but not limited to, by posting a notice to our website or by emailing you. What constitutes a material change will be determined at our sole discretion. To the extent permitted by applicable law, we will understand your use our Services after an update to the Terms to reflect your consent to be bound by the revised terms.
SRGMF reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services in our sole discretion and at any time without any notice or further obligation to you. You agree that SRGMF will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.
Contact Us
If you have any questions about these Terms, please, contact us by email at: info@srgmf.com, phone at: (585) 606-8115, or mail at:
SRGMF LLC
725 Cedar Rock Rd
Webster, NY 14580